California Appellate Tracker

Chan Healthcare Group, PS v. Liberty Mutual Fire Insurance Co.

January 29, 2017

A Court of Appeals lacks appellate jurisdiction over a order remanding a case that was removed based on federal question jurisdictional grounds, rather than on diversity grounds under CAFA.

28 USC 1453(c) permits appeals from remand orders, in the Court of Appeal’s discretion, in class action cases removed under “this section.” This decision holds that the reference to “this section” means the whole of section 1453, which permits removal on the ground of minimal diversity in some class and mass actions. The section doesn’t permit removal of class actions based on federal question jurisdiction however, so subsection (c) likewise does not permit a Court of Appeals to review a remand order in a case removed on federal question grounds even if it is a class action.

Ninth Circuit Court of Appeals (McKeown, J.); January 3, 2017; 2017 WL 24619

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Chan Healthcare Group, PS v. Liberty Mutual Fire Insurance Co.

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